CITY OF LA HABRA HEIGHTS
MINUTES OF A REGULAR MEETING OF
THE LA HABRA HEIGHTS CITY COUNCIL
SEPTEMBER 11, 2003
A point has been reached where, in the opinion of the City Council on the advice of the counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City Council.
CITY NEGOTIATOR: John Hendrickson, City Manager
UNREPRESENTED EMPLOYEE: Sheryl Brady, Planning Director
1. CALL MEETING TO ORDER
Mayor Carroll called the City Council meeting of September 11, 2003 to order at 7:30 P.M. on Thursday, at the Community Center, 1245 Hacienda Road, La Habra Heights.
2. ROLL CALL
Members present were: Mayor Carroll, Mayor Pro Tem Borrowe, Councilmembers Douglas, Klein and Millsap. Also present were City Manager Hendrickson, Senior Management Analyst Orchanian, City Attorney Colantuono, Fire Chief Nielsen, Sheriff Lieutenant Ault and Deputy City Engineer Lang.
Mayor Carroll asked the City Attorney if he had anything to report on the Closed Session.
City Attorney Colantuono stated that he gave instructions to the negotiator, but did not have anything to report at this time.
3. FLAG SALUTE
Mayor Carroll asked Barbara Beck to lead the flag salute. He requested all to remain standing in silent reflection of those who perished two years ago on this day.
4. PRESENTATION
á Kathy Sauble, Emergency Preparedness Chairperson, to report on matters pertaining to the Committee's efforts in Emergency Preparedness.
Kathy Sauble reinforced the importance of being prepared for emergencies and suggested that if we are not, to add a little to our emergency supply each week. She stated that the theme this month is to learn first aid and CPR. She noted that she has provided a short list of items needed that can be placed in a backpack.
á Dr. Bradley Mullens, University of California at Riverside, gave a brief presentation regarding the ÒCanyon FlyÓ.
Dr. Mullens reported on what they have done on the ÒCanyon FlyÓ study up to now since beginning the study in April. He stated that the term ÒCanyon FlyÓ could refer to about seven different, closely related species scattered along the Coastal Mountain Regions. So far he has found two species of the ÒCanyon FlyÓ in La Habra Heights.
Dr. Mullens stated that they have found that the males are mating in large swarms four to five meters above the ground. He stated that their main study site is at the Las Palomas Riding Ring and a home on La Riata Road and one on Citron. There is a seasonal happening starting in May with a peak in June or July and trailing off in late August. They also have a peak in activity early in the morning and then again late in the afternoon and into the evening. By 8:00 to 8:30 P.M. the activity stops.
The food they seem to like the best seems to be plain water and dry milk and sugar. These flies are long lived for a fly species.
Dr. Mullens aide, Alec, spoke of the importance of finding what attracts the flies and what they deposit the eggs on. The biggest attractant seems to be carbon dioxide. We tried rabbit pellets, horse manure and avocado mulch mixed with soil which did not attract any ÒCanyon FliesÓ.
Alec explained that they now have a colony of ÒCanyon FliesÓ in the laboratory and are raising their second generation to use for further studies and will continue the study of the immature development habitat.
Commissioner Douglas stated in some of the forests in Southern California they are in quite dry areas.
Dr. Mullens explained that this was planned as a two year study and it is going along as expected.
á Water Replenishment District, Overview of WRDÕs Role/Mission.
Adeline Yoong with the Water Replenishment District reported that the Water Replenishment District is a ground water management agency located in south Los Angeles County. She explained that they manage two of the most utilized ground water basins in the State of California, the West Coast Basin and the Central Basin. These basins cover about 420 square miles, covering 43 cities, which covers about four million people. About one-third of the water used is ground water. Ms. Yoong noted that all water is recycled water. She gave a brief history of the water in this area between 1900 and 1950 explaining how the water level started dropping.
Ms. Yoong related that the WRD was founded in 1959 to start replenishing and safeguarding the water supply. She also explained that they charge an assessment for the water that is pumped up to pay for the replenishment water. She stated that they have built three salt-water barriers, which keeps the salt water out of the regular water. Ms. Yoong stated that they have developed a Safe Drinking Water Program which improves water quality by removing contamination from the basins and stops the spread of contamination to other wells.
City Attorney Colantuono noted that the WRD has been one of the most controversial local governments in California. There has been persistent litigation between the major pumper and the District. There is great controversy over cost and utility of the desalter project.
Mr. Brad Cooke, representing the La Habra Heights County Water District, stated that they are a customer of the WRD. La Habra Heights drinking water comes from the Central District of the WRD.
Adeline Yoong noted that the WRD has recently lowered their assessment rate. Part of the decision to lower the assessment rate is based on the difficult economic conditions in the State at this time.
á Public Works Committee Member will present the Public Works Committee Report.
Les Williams, Chairman of the Public Works Committee, stated that he sent a ÒLetter of UnderstandingÓ to each Councilmember. This letter represents a coalescence of our thoughts regarding our joint meeting. It is the CommitteeÕs intention to use the language in the ÒLetter of UnderstandingÓ as a directive from Council to go forward with PWC activities. Mr. Williams asked if the Council has made a decision on the matter.
The consensus of the Council was to agendise the matter for a future meeting and for Staff to take any action that might be within their authority.
City Manager Hendrickson explained that the Council had established a direction approximately two years ago and he will take a look at that original agreement and he will bring it back to the Council. Any amendment they want to make at that time they may.
Mr. Williams noted that the second issue relates to the schedule for the maintenance of our roads. There have been some residents noting that nothing is happening towards this. In August the Mayor, City Manager, City Engineer and myself met and formulated a plan that will develop a ÒbidÓ package, go through the review process and be under construction by June 1, 2004. He stated that it is the intention of the committee to look at Maintenance zone two and if it looks like there will be sufficient budget a portion of Maintenance zone one could be done at the same time.
Leonard Greenberg, Pleasant Crest, stated his suggestion that the thing to do for the Òcanyon fliesÓ is to burn ÒtikiÓ torches or something they do not like and this will drive them away. He also noted that the cable charge has gone up 40% and he asked if there was anything the City could do about it.
The City Attorney stated that we could not control this.
Mayor Carroll noted that they have lowered the basic rate to under $15.
City Manager Hendrickson explained that in 1996 congress took away from local government the ability to regulate that rate.
Mr. Greenberg expressed his opinion that narrowing Hacienda Road was dangerous.
Mr. Greenberg read portions of Mayor CarrollÕs letter to the District Attorney and noted how upset the Council was about the letter from the District Attorney and their reputation and he compared this to his experience with the City and lack of concern he got from the City Council and Staff.
Sheilah Spivey, from the American Cancer Society, mentioned that their services are free to any cancer victim. They are located in Presbyterian Hospital. She noted that Breast Cancer Awareness Month is coming up in October. She left a packet for the City to review so they can join in Breast Cancer Awareness Month.
John Beau stated that he had received the new brochure on the trash system. He noted that it was very clear and informative. He asked if the City was going to continue with The Park recycling facilities.
The City Manager explained that by starting the new recycling system they hoped to do away with the recycling bins at The Park.
John Beau asked if the City is getting credit for composting.
The City Manager explained that if they pick up the green waste and it goes to the landfill, they note it as going in to the landfill, but deduct it back out, lowering the net. If you compost the green waste it does not go into the landfill. That causes a reduction against the base year. The haulers have increased the tonnage, as we have grown, and we still have to reduce the amount by 50%.
John Beau commented on the letter to the District Attorney. He felt it was a little heavy and hoped that we will get rid of the controversy. He felt a little more conciliatory tone would be good.
Mayor Carroll stated that the City Attorney addressed such issues in his letter.
Stan Quade, Encanada, noted that they had a gathering at his house and none of the canyon flies appeared. Mr. Quade stated that he was not too enthused with the plans for traffic calming and he did not think the City can expect to have less traffic and slower traffic. He noted that the curve at The Park is only ten feet wide to begin with. His opinion is that this is not safe.
Fire Chief Nielsen stated that the Law Enforcement and Fire Department are doing everything they can to see that 9-11-01 does not happen again. La Habra Heights Fire Department has joined with the Red Cross to arrange a blood drive in the multi-purpose room on September 17, 2003, from 9:30 A.M. to 3:30 P.M. There are still spots open. He stated that you could call him or City Hall. The Fire Chief stated that the Fire Department and Emergency Preparedness have joined with the Rio Hondo chapter of the Red Cross so classes on first aid and CPR can now be taught in the Fire DepartmentÕs training room as a certified Red Cross site for those classes.
Mayor Carroll opened the Public Hearing for the General Plan.
Brad Cooke, President of the La Habra Heights County Water District, stated that they were here tonight to address some comments made at the July 24, 2003 City Council meeting during the discussion of Safety Element 6. Mr. Cooke introduced Michael Gaultieri, General Manager.
Michael Gaultieri, General Manager of the Water District, discussed communication with the City, Fire Department and the Community. He explained that the water company has a good relationship with the Fire Department and that the brush around the fire hydrants is the responsibility of either the City or the Fire Department. He stated that any question the City or a citizen has, they are welcome to come over to the water company and talk to them.
Dave Byrum, Civil Engineer and owner of Civil Tech Engineering, stated that he is the author of the Water DistrictÕs year 2000 Master Plan. Mr. Byrum explained that when drawing up the Master Plan they had met with the La Habra Heights Planning Staff and the Fire Department officials to obtain General Plan data and fire flow requirements. The fire flow required by the La Habra Heights Municipal Code is 750 gallons per minute. Our system is designed to deliver that amount at a minimum under extreme conditions. All Metropolitan storage requirements are met by the La Habra Heights County Water District.
Bob Wilson, member of the Water Board of Directors, noted that they have brought their Insurance Services Office (ISO) rating up. The ISO rates Fire Departments for their ability to suppress fire. Mr. Wilson stated that the La Habra Heights County Water District received a 97% grade and is rated as a Class I company.
Ralph Bolles, member of the Water Board of Directors, spoke of the importance of communication and mentioned the Water CompanyÕs monthly newsletter for the CityÕs information. He stated that they have a good relationship with the Building Department and the Fire Department. He noted that the hydrants are painted by the boy scouts and any breakage or malfunction of hydrants will be fixed immediately. Mr. Bolles noted that they have meetings the third Tuesday at 4:30 P.M. every month and everyone is invited.
Dr. Michael Roach, Vice President, commented on Draft General Plan, Land Use Policy number 45. This was on Unification of the City and the Water District. This was withdrawn. He explained that the Water District has always tried to stay out of local politics and if the Water District was drawn into the political environment in the City, it is likely the water would become very expensive. He stated that he felt the City was possibly considering a takeover of the Water District and named several ways it could be done. He stated that if this was pursued the Water District would like to have an opportunity for an open and public discussion of the pros and cons of a City takeover. Mr. Roach stated that he did not think they had had an opportunity to do this before Land Use 49 had been introduced in the original Draft Plan. He stated that they would like the opportunity if the subject came up again.
Brad Cooke, President of the Water District, explained that the Fire Department did have an ISO rating of five and now it is a four, which gives the Water District and Fire Department a combined rating of three. He stated that he hoped this would be reflected in La Habra Heights rates for fire insurance. Mr. Cooke stated that he agreed with Mayor Pro Tem Borrowe that water flow was all important and it was their job as a water company and he also agreed that politics had no place in fire protection. He felt that asking open-ended questions in Council meetings is political and does not serve the public. Answers are needed. Mr. Cooke asked the Council over to the Water District if they have any questions on water or they could be on the Agenda if wanted. He asked if the City is still considering a take-over of the Water District, and if so the public needs to be involved in the discussion. He explained that the Water District is always trying to improve the water flow and storage and have more improvements planned in the future.
Councilmember Douglas explained that he had carried on a close communication with the former General Manager and had invited him to be at a Council meeting. The information he received from the former General Manager encouraged him to try to continue to have a closer relationship with the Water District
Councilmember Millsap noted that her insurance company told her that they did not consider the ISO rating.
Mr. Cooke stated that it was up to each insurance company how they used the ISO rating.
City Attorney Colantuono stated that the ISO is a tool of the insurance industry and it is up to them whether they use it or not.
Mayor Pro Tem Borrowe explained that Policy 49 only states that a Committee would be formed to explore getting together with the Water District. He noted that the Water District has taken that to mean a take-over. Nobody ever said anything about a take-over, but just to have better communication.
Councilmember Klein explained that when he stated that the Water District was a separate entity at that time, it had no hidden meaning, he was just stating a fact.
City Attorney Colantuono explained that they were adjourning discussion on the General Plan to a later meeting.
5. APPROVAL OF WARRANTS – AUGUST - 2003
Councilmember Douglas asked if the number of checks for weed abatement payments meant it was a particularly busy period or that there were a lot of back bills that were submitted?
The City Manager explained that this was a particularly busy period and having been billed, we hope to get paid for these and if not they will go on the tax rolls. A high percentage of these should be collectable.
Mayor Pro Tem Borrowe offered a motion to approve the August 2003 Warrants in the amount of $213,851.31. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
6. TREASURERÕS REPORT – JULY 31, 2003
The TreasurerÕs report consisted of:
á Schedule of Cash & Investments
á Schedule of LAIF Investments
á Cash With Fiscal Agent – Bank of New York
á Payments to RKA/Transtech Civil Engineers
á Payments to City Attorney
á Major Planning Projects
á Balance Sheet
á Monthly & Year-to-Date Revenues Compared to Annual Budget
á Monthly & Year-to-Date Expenses Compared to Annual Budget
Mayor Pro Tem Borrowe asked the City Manager if he had looked for another place to have the City business checking account that pays interest?
City Manager Hendrickson replied that it is being looked into but there is no report at this time.
Councilmember Klein offered a motion to receive and file. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
7. APPROVAL OF MINUTES: Minutes of a Regular Meeting of the City Council
Meeting of July 10, 2003.
Councilmember Klein offered a motion to approve the July 10, 2003 minutes as presented. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8. It is recommended that Item 8.a. and 8.b. be acted upon by one motion of the City Council unless separate discussion is requested.
Mayor Pro Tem Borrowe asked that 8.b. be pulled.
8.a. HEIGHTS CHRISTIAN SCHOOL PROJECT
July and August 2003 Status Reports for Heights Christian School
Councilmember Klein offered a motion to receive and file 8.a. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
8.b. PERSONNEL CLASSIFICATION PLAN – COMMUNITY DEVELOPMENT DIRECTOR
RECOMMENDATION: Adopt Resolution no. 03-29
RESOLUTION NO. 03-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS, CALIFORNIA, AMENDING THE OFFICIAL BOOK OF CLASS SPECIFICATIONS AND CREATING THE CLASSIFICATION OF COMMUNITY DEVELOPMENT DIRECTOR.
Mayor Pro Tem Borrowe asked that the City Council consider residents when they look for the Community Development Director. Mr. Borrowe noted that Margarita McCoy has offered to help in this process and possibly others on the Planning Commission would be qualified to help with the process.
The City Manager stated that he would take this under advisement. He stated that usually the City Manager makes such a decision.
Councilmember Douglas offered a motion to adopt Resolution No. 03-29 as read by the City Attorney. The motion was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9. CONDITIONAL USE PERMIT (CUP) 2002-02 – AT&T WIRELESS
Request from AT&T Wireless for a Conditional Use Permit to operate a wireless telecommunication enclosed facility located at 1885 North Hacienda Road (ÒThe ParkÓ).
RECOMMENDATION: Approve Resolution No. 03-26 approving Conditional Use Permit 2002-02 with conditions.
RESOLUTION NO. 03-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS REGARDING CONDITIONAL USE PERMIT 2002-02.
City Manager Hendrickson presented the Staff report. Mr. Hendrickson reported that AT&T Wireless has requested a CUP to erect a tower by replacing one of the light poles in the front parking lot. They also want to build a storage unit that will be attached to our present maintenance shed. The Planning Commission has reviewed the project and has recommended that Council approve with certain conditions. The project has been reviewed environmentally and a categorical exemption has been issued in accordance with CEQA and the CityÕs Environmental Guidelines. Several months ago the City met with them and authorized them to proceed through the process. Whether or not they would be granted the CUP would depend on Council approval. Staff is recommending that Council adopt the Planning Commissions recommendations and approve this facility.
Mayor Pro Tem Borrowe questioned the City Attorney stating that when we were considering cell towers before you noted that the Council could not be concerned with any health issues. Why in Resolution 03-26, item eight (8) does it mention public interest, peace, health, safety, convenience and welfare?
City Attorney Colantuono explained that whenever you grant a CUP, you must make certain findings and this is one of them. We are making a finding our zone ordinance requires, but we are not allowed to consider specific health effects of radio frequency transmission.
Mike Morris, on behalf of AT&T Wireless, asked for the Councils approval of Resolution No. 03-26. He stated that AT&T does concur with the conditions of approval.
Mayor Carroll inquired regarding the shape of the last nine feet of the tower.
Mr. Morris explained that it would be round to match the other light pole and made out of radio frequency transparent material similar to fiberglass. It will match the other pole in color and shape.
Mayor Pro Tem Borrowe asked why they were not able to accommodate other cellular providers.
Mr. Morris explained that they could provide this if the other provider was willing to place their antennas on the pole below AT&TÕs antennas.
Mayor Carroll opened the meeting for Public Comment on this item.
Stan Quade, Encanada, stated that he would like to be sure that the building AT&T is adding to the storage shed is built out of the same material and color bricks.
The City Manager stated that in the findings by the Planning Commission, this was required. The roof will be re-roofed to match and show no seam.
Mayor Carroll closed the Public Hearing.
Mayor Pro Tem Borrowe noted that AT&T was going to provide landscaping by the building.
Mayor Pro Tem Borrowe offered a motion to adopt Resolution 03-26 approving CUP 2002-02. The motion was seconded by Councilmember Klein and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
9.1. GENERAL PLAN ENVIRONMENTAL IMPACT REPORT
Continue Discussion of the General Plan Environmental Impact Report.
This is on the Agenda to set a date for consideration.
9.2. CONTINUED COUNCIL DISCUSSION REGARDING THE GENERAL PLAN BEGINNING WITH CIRCULATION ELEMENT NO. 55
The City Attorney suggested the Council open items 9.1 and 9.2. and continue them to September 18 at 7:00 P.M.
Mayor Carroll opened Public Hearing items 9.1 and 9.2.
Councilmember Klein offered a motion to continue items 9.1 and 9.2 to September 18 at 7:00 P.M. The motion was seconded by Mayor Pro Tem Borrowe and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
Mayor Carroll re-opened the Public Hearing on 9.1. and 9.2. for Public Comment.
John Beau, Caselero Drive, stated that he had the same trouble with the insurance company and the ISO rating that Councilmember Millsap had. The two he contacted turned him down because he lived in a high fire area regardless of the ISO. He noted that he felt it was important for us to note that we have an excellent ISO rating.
Mr. Beau stated to Mayor Pro Tem Borrowe that early in the General Plan an item addressed the consolidation, acquisition of the Water Company by the City. Mr. Beau stated that it was subsequently deleted. He stated that he did not remember where it was, and it did not use the word takeover.
Mayor Carroll closed the Public Comments.
OLD BUSINESS
10. DISTRICT ATTORNEY LETTER – BROWN ACT
Discussion and possible City Council action.
RECOMMENDATION: Council direction.
City Attorney Colantuono explained that this item appears to give a brief status report and to give the Council an opportunity to consider the remaining Staff recommendation that was presented at the meeting on August 28, 2003. He stated that the letter he wrote was delivered the next day to Ms. ChasworthÕs office. There has not been an answer as of yet. It has been indicated that an answer will be coming. When we have that answer we will share it with the Council and give advice as to whether any further answer is appropriate. Mr. Colantuono stated that he did see fit to make the City Attorney community aware of this debate because he felt the other 87 attorneys in Los Angeles County were entitled to fair warning that somewhat surprising views regarding meaning and requirements of the Brown Act are being articulated by the District AttorneyÕs office. Mr. Colantuono stated that he did get one reply from an Attorney that he did think e-mail exchanges between Councilmembers should be discouraged. All the other replies received were of the consensus that his position was more conservative than most. Mr. Colantuono explained that he found out from the reaction of that posting that there had been similar disputes with similar unhappiness with the process the District AttorneyÕs office employed in the cities of Glendale and Inglewood. He suggested that if any individual wanted to send letters to the La Habra Heights Community that it would be best to use private funds rather than public funds.
Councilmember Douglas stated that he had received a letter from an individual stating that they had talked to several City Attorneys who disagreed with Mr. Colantuono on his interpretation of the Brown Act. Mr. Douglas asked the City Attorney if he had any statistics on how the Brown Act is interpreted?
City Attorney Colantuono explained that there is one item that is without controversy, and that is that Ms. Chasworth thinks the requirement that we allow public comment before or during our consideration of an item, means before, and anything else is unlawful. He stated that in his professional circles no one has taken that view. He stated that the second item is when does an e-mail exchange become a serial meeting? Everyone agrees that an e-mail exchange could become a serial meeting. Ms. Chasworth seems to be taking the position that one e-mail that is substantive to a quorum of a legislative body is a violation. Mr. Colantuono stated that he was not aware of anyone else who takes that view. He stated that his view is that e-mail exchanges involving three members of a legislative body are a violation and he feels this is widely agreed to. Mr. Colantuono suggested that if the Council wants to avoid criticism, they do not send e-mails. He stated that he was not saying it was wrong in every case, just if you want to avoid criticism.
City Attorney Colantuono discussed Attorney-client privilege non-public advice to the CityÕs leaders. He noted that such e-mail disclosure to the District Attorney had not been authorized by the City Council.
Mayor Carroll noted that he, as directed by the Council had sent a letter to Ms. Chasworth and has not received a reply.
Mayor Carroll opened the meeting to Public Comment.
Norm Zezula stated that a few weeks ago he sent a Public Records Act request to the District AttorneyÕs office. I have received a response from Ms. Chasworth. She refused to disclose the evidence she used to make the Public findings that 25 of our neighbors are guilty of breaking the law. This amounts to a closed tribunal with no chance for the accused to defend themselves.
Katie Martin explained that Ms. Chasworth did not state that the Public must speak only before. She stated that it must be heard before an action is taken. Government Code 54952.6 explains the meaning of action.
Councilmember Millsap made a formal request of Ms. Martin to supply her with the specific dates of the meetings where she had allegedly verbally attacked her.
Ann Eaton passed out papers on what it was like to have rural living. She also noted that if you have information to share, you must wait for the next meeting to do this.
Rick Martin, Reposado, stated that the information the District Attorney used was stated in her letter, which is in Public Record. Mr. Martin encouraged everyone that wants to know what was said should research the tapes.
Mayor Carroll closed the Public Comment.
Councilmember Douglas stated that it was often asked why the GPAC and the Planning Commission let Public Comment go on so long, as there was not a time limit then. He stated that all these meetings were out in the open for Public comment and no secret agendas going on.
Mayor Pro Tem Borrowe offered a motion that the City should write a cover letter and include the City AttorneyÕs response to the District Attorney and send it out to all the residents in the City within two weeks. The motion was seconded by Councilmember Douglas.
Mayor Carroll stated that he did not think it was appropriate at this time. He felt we should wait for a response from the D.A.Õs office.
Councilmember Douglas stated that he felt the City should stand up for itself.
Councilmember Klein noted that in his opinion we should move on. He also felt that the City should take the City AttorneyÕs suggestion that if someone wants to write a letter it should be privately financed. Mr. Klein stated that if Ms. Chasworth had investigated both sides and come up with something it would have given the MartinÕs accusations more credibility. He asked the City Attorney if they come up with a letter does it have to be discussed at a meeting, since it would be a privately funded letter?
City Attorney Colantuono explained that if a letter came from more than two of the Council it should be authorized at a meeting and should not be discussed by more than two of you outside this room. We should find some good out of this unfortunate circumstance. The good that can come from this is an enhanced appreciation of this Community and of the values of this Community.
Councilmember Millsap suggested a letter be sent out through the City newsletter, Top of the Heights. This would be through the City office, not through the City Council. She noted that the City Council functions as volunteers for the City and the City owes the residents the knowledge of what is going on.
Mayor Carroll stated that he would oppose any letter sent to the residents, coming from the City, whether it was on City letterhead or privately funded.
Councilmember Douglas stated that Ms. Chasworth references him in her letter for following an order of events produced in an Agenda Report by Staff under the supervision of the City AttorneyÕs office. Since Ms. Chasworth finds me guilty of following the Staff and City AttorneyÕs advice, why is the City not involved?
Mayor Carroll stated that he just disagreed with how a letter about this should be handled.
Councilmember Klein stated that Ms. ChasworthÕs letter has been answered by the City Attorney and the Mayor. These letters were official. What is being considered now is whether to answer a privately funded flyer that was sent out in the community. Ms. Chasworth does not have the power to find anyone guilty. The privately funded flyer that was sent out into the Community was the item that made a guilty thing out of it. If we want to answer that, it was a privately funded, political flyer. We can answer in kind or we can just say it was answered on TV and let it go. He stated that he was ready to let it go.
Mayor Pro Tem Borrowe, answered Councilmember Klein that there are people that will not let this go so it needs to be answered. The City has been accused of criminal acts. We have to respond to that.
The City Council discussed how to send a letter out and how to pay for it.
The aforementioned motion by Mayor Pro Tem Borrowe was added to by friendly amendment that the City Manager will write a short message in the ÒTop of the HeightsÓ stating that the City is aware of the dispute. The City believes it was treated unfairly and for details look at the letters on the website. The City would like to reaffirm its commitment to Public Input. If anyone in the Community has any doubt about the value of that input Òhere are our phone numbers. fax numbers. e-mail addresses and here are our meeting schedules, come and try us out.Ó
Mayor Carroll offered a friendly amendment that the draft be brought back to the City Council at their meeting next week.
The friendly amendments were accepted by Mayor Pro Tem Borrowe.
City Manager Hendrickson stated that he would agendize the draft copy on the September 18, 2003 Special City Council meeting.
The motion was seconded by Councilmember Douglas and approved as follows:
AYES: Borrowe, Douglas, Klein and Millsap
NOES: Carroll
ABSENT: None
NEW BUSINESS
11. AIR QUALITY MANAGEMENT PLAN 2003
City Manager Hendrickson stated that this was a request by Air Quality Management District (AQMD) for a ÒLetter of SupportÓ for their new guidelines.
RECOMMENDATION: City Council decision.
Barbara Beck supplied a fact sheet on the Air Quality Management Plan (2003). Ms. Beck stated that AQMD has spent a great deal of time and obtained a great deal of public input. She also supplied a sample Letter of Support for the 2003 Plan. Ms. Beck stated that the reason they feel the Letter of Support, signed by the Mayor is so essential is that we have identified that 80% of the emission deductions needed are the responsibility of the Air Resources Board and the Federal EPA.
Mayor Pro Tem Borrowe stated that we all desire clean air, but he stated that he has concerns about the AQMD and how they go about things. He stated that the AQMD fines and taxes the business community to support their organization. He stated that he thinks the AQMD is very unfriendly to businesses, along with the California Air Resources Board. Mr. Borrowe explained that many businesses have left California due to this. He stated that environmental organizations have a precautionary principle. The precautionary principle means that they have the authority that if they just think something is polluting, they can regulate it. Mr. Borrowe explained that now they are asking for authority to regulate consumer products and determine whether a product is necessary. Mr. Borrowe was of the opinion that the AQMD is an agency out of control.
Mayor Pro Tem Borrowe offered a motion to decline the Letter of Support. Councilmember Douglas offered a second and the decline was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
12. PER CAPITA GRANT PROGRAM
RECOMMENDATION: Adopt Resolution No. 03-27 and authorize staff to prepare, sign and submit all appropriate paperwork to the State of California Parks and Recreation Department.
City Manager Hendrickson suggested that items 12 and 13 be considered together.
Senior Management Analyst Orchanian corrected the Bond Act in both items 12 and 13 to read 2002 because in March they passed another bond for proposition 40 to allow the additional funding.
The Senior Management Analyst noted that the adoption of Resolution No. 03-27 is to approve the submittal of all appropriate paperwork to the State of California Parks and Recreation Department for a grant under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act 2002 in the amount of $220,000, which will allow the City to continue enhancing The Park building and grounds.
RESOLUTION NO. 03-27 – RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2002.
13. ROBERTI-ZÕBERG-HARRIS GRANT PROGRAM
RECOMMENDATION: Adopt Resolution No. 03-28 and authorize staff to prepare, sign and submit all appropriate paperwork to the State of California Parks and Recreation Department.
The Senior Management Analyst Orchanian noted that the adoption of Resolution No. 03-28 – is to approve the submittal of all appropriate paperwork to the State of California Parks and Recreation Department for a grant under the Roberti-ZÕBerg-Harris Urban Open Space and Recreation Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act 2002 in the amount of $16,044 which will allow the City to paint the interior walls of the gymnasium and refinish the gymnasium floor.
Councilmember Douglas how they would spend the $220,000.
The Senior Management Analyst stated that she, the City Manager and the Parks and Recreation Commission will be discussing where this money is needed. She noted that these particular grants cannot be used on trails.
The City Manager stated that there is one possible exception. If part of that trail system was within The Park, then it could be used for the trail.
Councilmember Douglas asked if there were a lot of strings attached to these grants.
Ms. Orchanian explained that you have to expend the whole amount of the grant from the General Fund and then submit a bill asking to be reimbursed. You may not get reimbursed for part of it. One of the grants deadline is June, 2008 and the other is June, 2009.
Councilmember Millsap noted that this might be a budget consideration as to when and how much we spend.
RESOLUTION NO. 03-28 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA HEIGHTS APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-ZÕBERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2002.
Mayor Pro Tem Borrowe offered a motion to adopt Resolution No. 03-27 for grant funds for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002 and Resolution No. 03-28 for grant funds for the Roberti-ZÕBerg-Harris Urban Open Space and Recreation Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002. The motion to adopt was seconded by Councilmember Millsap and approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
ABSENT: None
14. STRIPING PEDESTRIAN WAY IMPROVEMENT PROJECT – HACIENDA ROAD
Deputy City Engineer Lang stated that Staff has prepared plan specifications for re-striping Hacienda Road. Basically, it will be a pedestrian access way that will be created along the right edges of the road. By doing this it will also hopefully calm the traffic by creating eleven (11) foot lanes. This would create a safer area for pedestrians and bicyclists to use. Mr. Lang stated that they are asking permission to receive bids on this provided they can use prop C funds. We have been told that this is possible and we are waiting for written confirmation. What this would involve is painting a white line on the right edges eleven (11) feet in from the center line and placing a small ceramic marker on top of that with a reflector on it.
Mayor Carroll opened the meeting for Public Comment.
Katie Martin noted that the Council says they are following the wishes of the residents from the survey, whereas 43% stated that they did not want this and only 32% said they were for this. It makes us wonder what the Council is following. Ms. Martin stated that she felt this was a dangerous thing to do.
Norm Zezula explained that this is a safety issue, and only subjective issues should be closely followed from a survey. There has to be a different consideration looked into in safety issues.
Councilmember Douglas noted that he was concerned when a couple of people have stated that the space for walkers and bicyclists being widened encourage them to use it and may make targets of them for cars.
Deputy City Engineer Lang explained that it definitely would make it safer. How much, remains to be seen. It is giving them more space than they now have. It should not force the cars closer to the center, but should keep them in their path and possibly slow them down.
Mayor Carroll noted that the rumble from the bots dots and the appearance do not please him at all.
City Manager Hendrickson explained that at the presentation on traffic calming several months ago there were several suggestions of what could be done. The one the Council picked to go ahead and draw plans for was this one to narrow lanes.
Mayor Carroll noted that nothing was said about bots dots.
The City Manager stated that he put this item back on the Agenda because he was beginning to get feedback that maybe the Council was not completely happy with this idea. He also stated that he would not be for doing the dots unless it qualified for Prop C funds.
Mayor Carroll stated that he is happy with Hacienda as it is.
Councilmember Klein stated that this started before any traffic calming survey was made, and we just wanted to slow the traffic with paint to make the lanes smaller and see if this would calm traffic. No mention was made at that time to have bicycle or pedestrian areas. No bots dots were wanted as it was thought that it would be unsafe. The width of the lanes was to be decided by the recommendations of the people who did the analysis.
Councilmember Millsap stated that she also was sure the decision was paint only to narrow the lanes. No bots dots. She also assured the residents that there was no roadbed work involved in changing the width of the lanes.
Mayor Pro Tem Borrowe stated that when they clean up along Hacienda Road on Sunday mornings they see a lot of bicyclists. He noted that he has been told that the reflectors are helpful in fog or at night.
Deputy City Engineer Lang explained that the plan they have now has the reflectorized dots every fifteen (15) feet. Paint alone does not do much to influence drivers. The raised dots rumble and make more of an impression.
Mayor Pro Tem Borrowe explained that narrowing the lanes allows those coming on to Hacienda Road to be able to get further out and have a better view of the traffic.
Councilmember Douglas noted that he thinks going ahead with the road narrowing to see if it helps is a good thing. He stated that in most cases there is more room for the bike lane so they donÕt hit the bots dots. Mr. Douglas stated that he was in favor of trying just the painted lines and see if that slows traffic. If not, then is the time to try bots dots.
Mayor Pro Tem Borrowe offered a motion to proceed with the project as presented. The motion was seconded by Councilmember Douglas and the motion failed as follows:
AYES: Borrowe and Douglas
NOES: Carroll, Klein and Millsap
ABSENT: None
Councilmember Millsap offered a motion to accept the project without the bot dots, submit the request for Prop C funds and bring it back with their answer.
Mayor Carroll stated that he would like to see the cost and design brought back before we vote on this.
Deputy City Engineer Lang stated that paint alone would probably be approximately $3,000 to $5000.
Councilmember MillsapÕs motion was seconded by Councilmember Klein. He also requested that Staff go back and find what the previous consultants recommendations were, where the money was to come from and any other information on the project. The motion was approved as follows:
AYES: Borrowe, Carroll, Douglas, Klein and Millsap
NOES: None
The City Manager reported that the City newsletter will go out in October including information on what is going on in the City. Before it goes out the City Manager will bring back the letter on the Brown Act discussion going on in the City for approval of the City Council and whether it will be included in the City newsletter.
Senior Management Analyst Orchanian reported that some residents have received brochures sent out by the waste haulers on how the new trash program will be implemented. Waste Management customers should be receiving their containers the week of September 15th. If there are any questions call 694-6302 and ask for Lara Orchanian.
16. CITY ATTORNEYÕS REPORT
There was no AttorneyÕs report.
17. PLANNING DIRECTORÕS REPORT
Not applicable.
18. CITY ENGINEERÕS REPORT
The City Engineer reported that he had talked to the Engineer for 190 Olinda and he
stated that he would begin working on the redesign that is needed at that address.
19. FIRE CHIEFÕS REPORT
Fire Chief Nielsen stated that the ISO rating has effect on Industrial areas, but has little or no effect on residential areas. He also reminded everyone of the CityÕs 25th anniversary parade on September 20, 2003. He asked everyone to come enjoy the parade.
Mayor Pro Tem Borrowe asked for the meaning of the letters used in the Fire ChiefÕs report under Hazard rating.
Fire Chief Nielsen explained that ÒLÓ stands for LOW, ÒMÓ stands for MEDIUM, ÒHÓ stands for HIGH, ÒVHÓ stands for VERY HIGH.
Mayor Pro Tem Borrowe asked how many unimproved parcels there are.
The Fire Chief explained that 22 homes were recently built and there are about 240 unimproved parcels left. He stated that the Fire Department has cleared 18 of the unimproved parcels and owners have cleaned some.
20. SHERIFFÕS DEPARTMENT REPORT
Lieutenant Ault reported that on Tuesday a burglary occurred about three oÕclock, on the West side of town. A man knocked on the door and identified himself as working for the City. He stated that they were concerned about something in the back yard. The resident allowed him to walk through the house to the back yard. At this time a neighbor observed a car parked nearby and that the neighborÕs gate was open. She observed two people run out of the house to the car, and honk the horn and drive a little further. The person talking to the lady of the house quickly excused himself, ran to the vehicle and they all left. It was later found that there were some articles taken from the home. Lieutenant Ault cautioned all to ask for identification if anyone comes to the door and asks for entry to the property. The neighbor did write down a license plate number.
21. COMMISSION/COMMITTEE REPORTS
The Senior Management Analyst mentioned that the parade on Saturday, September 20, will start at 12 noon, at City Hall. Ms. Orchanian also noted that on Friday, November 7, they will have the 25th Anniversary dinner dance at the Los Coyotes Country Club.
CITY COUNCIL COMMENTS
Mayor Carroll reported that the City has received a packet asking for people that would like to serve on the Grand Jury for 2004-05. These applications are available at City Hall. He also stated that residents can have their cable TV bill reduced down to $14.70. Customers need to call Adelphia at 1-800-626-6299. This would be for basic cable.
CONTINUED PUBLIC COMMENTS ON ITEMS ON THE AGENDA AND NOT ON THE AGENDA
Tom Higgs expressed his opinion that the Mayor should be just as concerned with protecting the reputation of the people that worked on GPAC as those on the City Council.
Mayor Carroll commended all the members of the GPAC and referred Mr. Higgs to the letter that he wrote to District Attorney Cooley.
Mayor Carroll adjourned the meeting at midnight to the next meeting on September 18, 2003.
ATTEST:
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CITY CLERK, JOHN F. HENDRICKSON